Allocation of Parental Rights & Responsibilities
Parental Rights Attorney Serving Columbus, Ohio
Are you worried about your parental rights being infringed? Has your spouse threatened to take the kids away from you? Your parental rights could be in grave danger. Our parental rights attorney in Columbus can help you in the process of allocation of parental rights and responsibilities.
Our compassionate Columbus family law attorney can provide sound legal counsel at a trying time. We at the Sheppard Law Offices recognize the value of a personable, experienced Columbus parental rights attorney. This kind of compassionate representation is provided to clients by our family law attorney in Ohio. Contact our Columbus office to schedule a free In-Person Consultation.
Why Do I Need a Parental Rights Attorney in Columbus, OH?
Many parents are denied custody rights and contact with their children because they were not adequately represented during the divorce process. It is crucial to hire a parental rights attorney in Ohio who will help you fight for what is rightfully yours – time to spend with your loved one.
Here’s what we can do for your family law matter!
Negotiation is a necessary step in many of these cases. This is where competent legal representation can assist you in defending what’s best for your family.
Our Columbus child custody attorney at Sheppard Law Offices is skilled at using every angle to help our clients. We know how important it is to get the best outcome possible in child custody issues, and we’ve successfully gotten our clients precisely what they need.
Your parental rights and responsibilities will be decided by the Ohio court judges and the family law mediators, which deem it crucial to be able to portray yourself professionally to them.
The Sheppard Law Offices will ensure that you appear before the judge and mediator with a clear mind and a solid understanding of what you hope to achieve. With our assistance, you’ll be able to safeguard your parental rights and return your children to their rightful place of residence.
What is Ohio's Allocation of Parental Rights and Responsibilities?
According to Ohio law, there are two kinds of custody: parenting time and decision-making responsibilities (called “physical custody” and “legal custody” in some states).
A court may grant one parent sole custody and parental rights. In Ohio, a parent having sole parental rights and decision-making authority is known as a “residential parent.” The other parent will continue to have frequent contact with the child, typically once weekly during the week and every other weekend.
When parents do not share decision-making responsibilities, one parent will make decisions without consulting the other about the child’s education and religious upbringing.
Alternatively, the court may determine “shared parenting” and grant parental rights and responsibilities to both parents. According to a mutually agreed-upon shared parenting plan, the parents must share both physical and legal custody under this order.
In a situation of shared parenting, regardless of the child’s location or current residence, both parents are acknowledged as the “residential parent,” the “residential parent and legal custodian,” or the “custodial parent.”
How Does the Ohio Court Determine Shared Parenting?
Whichever parent may ask the court for a shared parental responsibility arrangement. The petitioning parent must propose a shared parenting plan that addresses all aspects of the children’s care, including, but not limited to:
- Physical living conditions,
- Healthcare and dental care,
- Child support duties,
- School placement, and
- Where the child would stay during leisure and other special occasions.
A judge may also order the non-shared-parenting parent to submit a proposed parenting plan. When parents agree to share parental responsibilities, they can file a joint parenting plan with the court.
The court will evaluate the proposed arrangements and determine whether shared parenting is in the child’s best interests. A court may accept or modify a parent’s parenting plan as they deem fit.
In determining whether shared parenting is in the children’s best interests, the court will consider the following factors in addition to those mentioned previously:
- The parents’ ability to work together and make joint decisions regarding their child.
- The geographical proximity of the parents, as it relates to the practical aspects of shared parenting, and
- Any past or threat of child abuse, spouse abuse, or other types of domestic violence by either parent or parental abduction.
- The capacity of each parent to encourage the child and the other parent to share love, affection, and physical contact.
- The recommendation of the child’s guardian ad litem.
Can Ohio Modify a Parental Rights and Responsibilities Allocation?
A child custody order in Ohio remains in effect until it is modified, the child reaches the age of 18, or becomes emancipated. Either parent can request custody changes. However, unless there has been a material change in circumstances and it is in the child’s best interests to adjust custody, a judge will not change the terms of your custody order.
Not every change in your life validates a change in your custody award. For example, a parent’s remarriage or the birth of a new child will not necessarily result in a change in custody. However, if a custodial parent has significant medical issues or one parent has relocated out of state, a full custody award in Ohio may no longer be appropriate. In the end, your child’s needs will determine your case’s outcome.
In other words, even if the parents have experienced significant life changes, such as second marriage or a career change, a court will not modify parenting time or parental rights unless the change is necessary to serve the child’s best interests. Even when adjusting parenting time, a court will typically keep the residential parent the same if one or more of the following conditions is met:
- A residential parent (or, in the case of a shared parenting order, both parents) consents to a residential parent change.
- The child has been accepted into the family of the person desiring to become the residential parent, with the permission of the residential parent (or both parents under a shared parenting agreement), and
- The advantages of a change outweigh any potential harm to the child.
A judge will hold a court hearing to evaluate the evidence and hear witnesses’ testimonies. If the court determines that a modification is in your child’s best interest, it will modify your court order.
Contact Our Parental Rights Attorney in Columbus, OH, Now!
Even when you put up an intense fight and try to be a decent parent, you could still lose custody of your kids. Giving up your parental rights and realizing it was all for nothing is the heartbreaking thing a parent like yourself can do. But you may be assured that you’re in capable hands with a reliable parental rights attorney in Columbus, OH.
Sheppard Law Offices has been helping families resolve family law disputes in Ohio for many years. Our parental rights attorney has a reputation for being one of the most skilled lawyers in the state. If you find yourself stuck figuring out your family law case, contact our law office in Columbus. You are a call away from obtaining your well-deserved time with your children.